Federal Court of Australia
Federal Court of Australia
Nipps (Liquidator), in the matter of Dimension Agriculture Pty Ltd (in liq) [2024] FCA 1070 File number: WAD 239 of 2024
Judgment of: BANKS-SMITH J
Date of judgment: 12 September 2024
Date of publication of reasons: 13 September 2024
Catchwords: CORPORATIONS - application made by liquidator under s 477(2B) and s 506(1A) of the Corporations Act 2001 (Cth) for retrospective approval of entry into a funding agreement and approval of entry into retainer agreement - whether a proper exercise of the liquidator's powers - suppression orders - application allowed
Legislation: Corporations Act 2001 (Cth) ss 477, 506 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: Brown v DML Resources Pty Ltd (In liq) (No 2) [2001] NSWSC 590; (2001) 52 NSWLR 685 Deputy Commissioner of Taxation, in the matter of ACN 154 520 199 Pty Ltd (in liq) v ACN 154 520 199 Pty Ltd (in liq) (No 2) [2017] FCA 755 Goyal (liquidator), in the matter of OLI 1 Pty Ltd (in liq) [2020] FCA 450 Harvard Nominees Pty Ltd v Tiller (No 2) [2020] FCA 604 Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105 Harvard Nominees Pty Ltd v Tiller [2020] FCAFC 229; (2020) 282 FCR 530 Hundy (liquidator), in the matter of 3 Property Group 13 Pty Ltd (in liquidation) (No 2) [2023] FCA 173 Kitay v Frigger [No 2] [2024] WASC 113 McGrath Re HIH Insurance Ltd [2005] NSWSC 731
Division: General Division
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